Terms and Conditions

In using this website you are deemed to have read and agreed to the following terms and conditions:

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to Kushala Yoga Ltd, with offices at #303 – 130 Brew Street, Port Moody, BC, CANADA. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing British Columbia Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Exclusions and Limitations

The information on this web site is provided on an “as is” basis. To the fullest extent permitted by law, this Company:

  • excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
  • excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

Payment

VISA, Master Card and American Express are all acceptable methods of payment. All goods and services remain the property of the Company until paid for in full. Monies that remains outstanding by the due date will incur late payment interest at the rate of 2% above the prevailing Bank of Canada’s base rate on the outstanding balance until such time as the balance is paid in full and final settlement.

Termination of Agreements and Refunds Policy

The Company has the right to terminate any services for any reason, including the ending of services that are already underway. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. Any monies that have been paid to us which constitute payment in respect of the provision of unused Services, shall be held as credit towards a product or service supplied by the Company.

Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.

Communication

We have several different e-mail addresses for different inquiries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone number.

Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

General

The laws of British Columbia govern these terms and conditions. By accessing this website [and using our services/buying our products] you consent to these terms and conditions and to the exclusive jurisdiction of the British Columbia courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorised representatives of the Company.

Notification of Changes

The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.

Purchase Policies

General Pass Policies

Validity: All passes are valid for drop-in classes only, at Kushala Yoga. Classes start on time, please arrive at least 5 minutes before your scheduled class time.
Refunds: All passes are non-refundable.
Activation Date: All passes must be activated within 2 weeks of the purchase date.
Extensions and Holds: Passes will not be extended past their expiry date or put on hold (*see Exceptions)
Transfers: Passes may be transferred one-time to another individual. The original expiry date applies to the transferred pass.
Sharing: Passes may not be shared, only used by the individual to which they are assigned.(*see Exceptions)
Exceptions*: If a medical condition prevents you from using your pass by it's expiry date, please email inquiry@kushalayoga.com. 12-month passes may be put on hold with advance notice for up to 4 weeks per year. Children under the age of 18 may use their parent's punch card. When signing in, let the front desk know that your child will be using your punch pass.

Punch Card Pass Policies

Expiry: Punch cards expire 12 months after their activation date (the day you start using the pass)
Loyalty Discount: If you renew your pass within 6 months of its activation date, and you activate your new pass no later than 1 calendar day after the original expiry date of your current pass, you will receive a discount on your current order of: 15% off your purchase of a Punch Card or Shala Pass, and 10% of your purchase of an Term Pass (not including 12-month contract passes). This offer is not valid for any sale item or in combination with any other discount.
Other Discounts: Seniors and Students receive 20% off original price, not valid in combination with any other offer, and with valid ID presented: Gold Card or Student Card.

Shala Pass Policies

Expiry: Shala Pass 5 expire 5 weeks of their activation date. Shala Pass 10 and Shala Pass 20 expire 10 weeks after their activation date. The activation date is the day you start using the pass.
Loyalty Discount: If you renew your pass within 5 or 10 weeks of its activation date (see Expiry, above), and you activate your new pass no later than 1 calendar day after the original expiry date of your current pass, you will receive a discount on your current order of: 15% off your purchase of a Punch Card or Shala Pass, and 10% of your purchase of an Term Pass (not including 12-month contract passes). This offer is not valid for any sale item or in combination with any other discount.
Other Discounts: Seniors and Students receive 20% off original price, not valid in combination with any other offer, and with valid ID presented: Gold Card or Student Card.

Term Pass Policies

Expiry: Term Passes expire 2-weeks, 1-, 2-, 3-, 6- or 12 months after the activation date, depending on the pass.
Validity: Term Passes are valid for entry into a maximum number drop-in classes equal to the duration of the pass in calendar days.
Loyalty Discount: If you renew your pass on or before its original expiry date, and you activate your new pass no later than 1 calendar day after the original expiry date of your current pass, you will receive a discount on your current order of: 15% off your purchase of a Punch Card or Shala Pass, and 10% of your purchase of an Term Pass (not including 12-month contract passes). This offer is not valid for any sale item or in combination with any other discount.

Contract Membership Policies

Contract Term: The contract term ends 12 months from its anniversary date. During this time, you are obligated to pay the agreed monthly membership fee. After the 12-month term, billing will continue, but you can cancel without obligation. Upon cancelation, there will be no pro-rated refunds, but billing will cease on the monthly anniversary date.

Progressive Course and Pre-Registered Class Policies

Extensions: There are no extensions beyond the scheduled end date of the pre-registered session which you have registered for.
Validity: Other passes cannot be used to pay for or attend Pre-Registered Classes.

Special Event and Workshop Policies

Refunds: Refunds for workshops and special events may be issued up to 24 hours in advance of the scheduled event starting time, after which, the payment is non-refundable. Email sales@kushalayoga.com for information.

Gift Card Policies

Refunds: Gift Cards are non-refundable and have no cash value.
Validity: Gift Cards are only redeemable at Kushala Yoga Ltd. Gift cards are redeemable for merchandise and services available at Kushala Yoga Ltd. They cannot be redeemed or exchanged for cash, cheque credit or payment on account.
Usage: Present a Gift Card as payment towards your purchases at Kushala Yoga Ltd. and we will deduct the purchase amount from the available value on the Gift Card. Gifts cards can continue to be used until the value reaches zero. Gift Cards will not be replaced if lost, stolen or destroyed.
Serial Number: Gift Cards have no value without a valid serial number.

Prenatal and Postnatal Pass Policies

Validity: Other passes cannot be used to pay for or attend Prenatal and Postnatal classes.

5 Class Pass Option: This pass includes 5 classes that can be used in the span of 6 weeks from its activation date. Extensions are not permitted. If you cannot make it to class, you can use this pass for other drop-in classes (our recommendations are Therapeutic Yoga, Yoga for Healthy Back, Yoga for Healthy Hips and Restorative Yoga).

10 Class Pass Option: This pass includes 10 classes that can be used in the span of 12 weeks from its activation date. Extensions are not permitted. If you cannot make it to class, you can use this pass for other drop-in classes (our recommendations are Therapeutic Yoga, Yoga for Healthy Back, Yoga for Healthy Hips and Restorative Yoga).